Deductions from paycheck

[AJStarr]

What is the name of your state (only U.S. law)? Vermont

My employer has stated that starting next month, if we are over 5 minutes unavailable off our phones, they will deduct from our paychecks for every second we are not back on them... and if we hit 5 minutes, the system will log us off entirely, which means it'll take LONGER to get back into the system, which means more out of our paychecks.

Now... I can understand doing this to people who are habitual at this, but doing this to everyone to pinch pennies is beyond ridiculous, and I do not see how it can be legal. Everything I have found online states that if you are punched in and on the premises, you need to be paid for the hours you are punched in, and that your employer can only send you home without pay or suspend you without pay.

What bothers me the most, is our state has a law that says an employer cannot tell an employee they are not allowed to go to the bathroom. So in this instance, if for some reason you are off the phone and in the bathroom for more than 5 minutes, say if you're sick or you REALLY have to go... they will STILL deduct from your paycheck.

Our job title isn't to be sitting on the phone 8 hours a day, and we do have instances where we are asked to be off the phone for other jobs. Now... I would love for someone to explain to me how this is all legal, because not paying an employee for one specific detail is beyond ludicrous to me, and I have not found a single piece of literature anywhere online that would allow them to do this.

 

[swalsh411]

Are you saying you will NOT be paid for time spent on other tasks other than being on the phone? That is clearly illegal and if you are not paid for the time you can file an unpaid wages complaint.

There was a DOL ruling a while back that said the time spent waiting for a computer to boot up was work time and had to be paid. A quick google search did not bring it up but maybe somebody else will chime in with more specifics.

This should answer your question about breaks

Can My Employer Do That ?

Here is what I recommend you do. Starting next month keep a daily log of when you report to work, when you take a break, when you return to work, and when you leave for the day. Be discreet about this. Do not tell anybody you are doing this and do not leave your log at work. A small notepad you keep in your pocket should work. When you get your paycheck, compare the total hours paid to the total hours worked. If there is a discrepancy, talk to your manager or HR. Give them the opportunity to resolve in a reasonable time period, but if they flat-out refuse to pay you for time you actually worked, you can file an unpaid wage complaint.